Conviction for cheque dishonour arising from a Neelagiri oil sale transaction was challenged in revision on the ground that Rs.1,16,000 had been paid. The court found no defence evidence or rebuttal material and dismissed the petition.
Revision petition dismissed; deposit amount released to respondent; no imprisonment required as entire amount deposited.
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NC: 2024:KHC:12153 CRL.RP No. 1559 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
CRIMINAL REVISION PETITION NO. 1559 OF 2023
BETWEEN:
…PETITIONER
(BY SRI. MURTHY D.L., ADVOCATE)
AND:
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
…RESPONDENT
(BY SRI. K.S.UDAY, ADVOCATE)
THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 05.08.2017 PASSED BY THE LEARNED I ADDL. DISTRICT AND SESSIONS JUDGE AT CHIKKAMAGALURU IN CRL.A.NO.79/2016 AT ANNEXURE-A AND TO SET ASIDE THE ORDER DATED 30.03.2016, PASSED BY THE CIVIL JUDGE AND ADDL. J.M.F.C AT TARIKERE IN C.C.NO.906/2014 AT ANNEXURE-B.
THIS PETITION, COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2024:KHC:12153 CRL.RP No. 1559 of 2023
ORDER
Though this matter is listed for orders, with the consent of learned counsel for both the parties, the matter is taken up for consideration on merits. Heard the learned counsel for the petitioner and learned counsel for the respondent.
vehemently contend that it was a transaction for sale of Neelagiri Oil and not disputes the issuance of Cheque, but contend that amount of Rs.1,16,000/- was paid and the same has not been appreciated by the Trial Court.
and learned counsel for the respondent and also the defence taken before the Trial Court by the petitioner-accused that the
complainant has sold Neelagiri oil worth Rs.1,16,000/- and the said amount is also paid to the complainant and with regard to the payment is concerned, no material is placed before the Trial Court and hence, the Trial Court while considering the material on record, in Para No.12, taken note of the same and comes to the conclusion that, in order to substantiate the same, no iota of evidence is placed on record. The material also discloses that the petitioner has not produced any evidence before the Trial Court and nothing is found in the cross-examination of P.W.1 with regard to payment is concerned and no document is produced for having paid the amount.
NC: 2024:KHC:12153 CRL.RP No. 1559 of 2023
adduce any defence evidence and also not produced any document for having paid the amount while his examination under Section 313 of Cr.P.C. also not placed any material before the Court and the same is also considered by the First Appellate Court and having considered the reasoning given by the Trial Court and First Appellate Court, this Court can exercise the revisional power, if both the Courts fail to consider the material on record and the revision petitioner has not produced any material to substantiate the fact that he has paid the amount. In the absence of any rebuttal evidence, the question of interfering with the findings of the Trial Court and the First Appellate Court by exercising the revisional jurisdiction does not arise. Hence, no grounds are made out to come to an other conclusion.
following:
ORDER
(i) The revision petition is dismissed.
* Corrected vide Chamber Order dated 08.04.2024
Sd/JUDGE
ST List No.: 1 Sl No.: 12
1 issue framed by the court
Whether the revisional court could interfere with concurrent findings convicting the accused under the NI Act when no evidence was led to substantiate the plea that the cheque amount was already paid.
4 provisions across 2 enactments
G.V.Kashi
M. Muniramaiah
H.P.Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
